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HB 1116

AN ACT to create and enact a new subdivision to subsection 4 of section 23-01-05.5 of the North Dakota Century Code, relating to the disclosure of an autopsy report; and to amend and reenact subsection 4 of section 11-19.1-11 of the North Dakota Century Code, relating to authorizing the coroner and the state forensic examiner to disclose autopsy reports to the department of corrections and rehabilitation.

69th Legislative Assembly (2025-26)

Allows limited autopsy report disclosures to DOCR for in-custody deaths, giving the agency access to forensic findings via coroner and state forensic examiner.

Filed with Secretary Of State 03/14
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Bill Summary · HB 1116

Summary — HB 1116 (North Dakota)

Title: Relating to disclosure of autopsy reports to the Department of Corrections and Rehabilitation

Main purpose

HB 1116 authorizes limited disclosure of otherwise‑confidential autopsy and death‑investigation records so that the Department of Corrections and Rehabilitation (DOCR) can receive autopsy reports when the decedent was an inmate in a county, regional, or state correctional facility. The change is intended to ensure DOCR access to forensic findings about in‑custody deaths.

Key provisions

  • Amends NDCC § 11‑19.1‑11(4) (coroner confidentiality and disclosure):

    • Reaffirms that reports of death, autopsy reports, and investigation working papers are confidential.
    • Explicitly permits the coroner to use or disclose these materials for investigation, inquest, prosecution, or for inspection by the Department of Corrections and Rehabilitation.
    • Authorizes the coroner to disclose a copy of the report of death consistent with the state forensic examiner’s authority under NDCC § 23‑01‑05.5.
    • Permits disclosure of autopsy photographs and other visual/audio recordings subject to the limitations in NDCC § 44‑04‑18.18.
    • Requires the coroner to disclose a copy of the autopsy report to the state forensic examiner.

  • Creates a new subdivision to NDCC § 23‑01‑05.5:

    • Adds an explicit disclosure exception allowing the state forensic examiner to provide a copy of an autopsy report to the Department of Corrections and Rehabilitation where the decedent was an inmate in a county, regional, or state correctional facility.

Who is affected

  • Department of Corrections and Rehabilitation: gains statutory access to autopsy reports for inmates who die in custody, supporting internal review, policy assessment, and coordination with investigations.
  • Coroners and the State Forensic Examiner: given explicit authority and duties to disclose specific records to DOCR and to each other (coroner must provide autopsy report to the state forensic examiner).
  • Families, law enforcement, prosecutors, and others: confidentiality of records otherwise remains intact; disclosures continue to be limited to enumerated uses and recipients (investigation/prosecution/inspection by DOCR) and certain visual/media disclosures remain subject to separate statutory limits.

Confidentiality and limits

  • The bill does not broadly waive confidentiality; it creates narrow, statutory exceptions for use in official investigations, prosecutions, and DOCR inspection.
  • Visual or audio recordings (autopsy photographs, videos) remain subject to limitations in NDCC § 44‑04‑18.18.

Procedure / timeline / status

  • Bill was introduced at the request of the Department of Corrections and Rehabilitation during the 2025 legislative session (Sixty‑ninth Legislative Assembly).
  • Legislative record shows the bill was enacted and filed with the Secretary of State on March 14, 2025 (filed with Secretary of State 03/14/2025). (Statutory citations amended: NDCC § 11‑19.1‑11 and § 23‑01‑05.5.)

If you want, I can produce a one‑page plain‑language handout explaining how this changes current practice for coroners and DOCR, or compare the pre‑ and post‑amendment statutory text side‑by‑side.

Compiled from official sources — confirm details with the bill’s official record.

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